Man Running Song-Swapping Web Site Fined

A Norwegian man who operated a song-swapping Web site that let users download copyrighted music was fined for operating it, but not for downloading the music.

Frank Bruvik, 24, set up the site in 2001, but took it down after the International Federation of the Phonographic Industry's Norwegian office, the copyright group TONO and music companies EMI, BMG, Sony Music and Universal Music filed suit.

The case marked the first time anyone in Norway was sued for downloading copyright material without the owners' approval. The companies sought 500,000 kroner ($72,460) in compensation for copyrighted music they said was downloaded.

The court ordered Brunvik to pay 100,000 kroner ($14,490) to Sony, EMI and Universal. Each side has a month to file an appeal.

In a 40-page ruling released Wednesday, the district court in Lillehammer, 115 miles north of Oslo, said Bruvik violated copyright law by providing direct links to sources of illegal MP3 music files on the Internet. Brunvik's site was modeled after the site operated by the defunct Napster.

"The court assumes that Bruvik understood that the music files he linked to were posted in violation of copyright laws on exclusive rights," the ruling said. "When he provided direct links, rather than reference links, his responsibility for compensation is not in conflict with free expression."

The court said the MP3s Bruvik downloaded were for his own use and not profit.

Both sides claimed victory in the test case.

"The most important thing is that Norway has had its first test of the legality of MP3 links. We got proof that passing on (links) is a violation of copyright law," TONO's legal adviser, Inger Elise Mey, told digi.no, a technology news Web site.

Bruvik's lawyer, Magnus Stray Vyrje, said the ruling is a vindication for the public's right to download copyright products for personal use.